I-Search #032: First Amendment

-----------------------------------------------------------------
                    SearchReturn Discussion List
             "Understanding Internet Search Technology"
-----------------------------------------------------------------
Moderator:                                          Published by:
Detlef Johnson                                       SearchReturn
               http://www.searchreturn.com
-----------------------------------------------------------------
January 24, 2005                                       Issue #032
-----------------------------------------------------------------
SEND POSTS: 
-----------------------------------------------------------------
Refer a friend:       http://www.searchreturn.com/subscribe.shtml
-----------------------------------------------------------------

                   .....IN THIS DIGEST.....

// -- NEW DISCUSSION -- //

           "First Amendment"
                     ~ SearchReturn

// -- CONTINUING DISCUSSION -- //

           "v7ndotcom elursrebmem"
                     ~ Jennifer Laycock

-----------------------------------------------------------------

// -- NEW DISCUSSION -- //

-----------------------------------------------------------------

Hello everyone,

Last August, the US Justice Department (DOJ) subpoenaed Google,
Yahoo!, MSN and AOL to collect a week's worth of queries, and a
random sampling of one million websites from each company index.
They want to build their case defending against defeat of the
Child Online Protection Act (COPA). The new law was passed in
1998, but challenged and found to be unconstitutional by the US
Supreme Court. A Philidelphia court will now hear the case and
determine the next fate of the new law.

This story broke on Friday when several news outlets ran
sensational headlines (because Google refused to hand over the
records). "Spy War" and other headlines cashed in on domestic
spying and privacy fears. US Attorney General Alberto Gonzales
tried to clarify the government position saying the DOJ was not
interested in any personal information, but was looking for
"subject matter information with regard to these communications."
In other words, they want to use these data in the arguement for
restricting access to adult content by minors, and for COPA to be
the means.

Danny Sullivan was on NPR's All Things Considered talking about
the records search engines keep, and he made an appearance on
ABC's Nightline Friday night. Danny followed up with several
in-depth posts at Search Engine Watch about privacy issues.
Check out http://blog.searchenginewatch.com/blog/060123-074811
for a great rundown. Find the NPR January 20th archive for All
Things Considered at http://www.npr.org for audio and more
information. One thing is certain, regardless of the important
issues this story brings up, the whole matter has brought a new
level of attention to the search industry. This is especially
true for Google, whose stance against the DOJ may actually have
cost it with WallStreet on Friday's trading.

The other search engines gave data to the government, though not
necessarily everything that was asked. Statements reiterated that
no private information was shared, and they generally related
having a cooperative attitude with the DOJ. Why would Google not
provide these records then? If the request was that problematic
for Google, why would the other search engines cooperate? Is
there anything truly sensitive about the data? One pundit
wrongfully suggested that obtaining a million websites from
Google would allow the reverse engineering of Google search, and
that violates a trade secret.

There was a good measure of bad information such as this, and yet
the most salacious part escaped everyone's attention. If you are
a search engine, the case for providing the data is: no private
information is being revealed. The best reason for cooperating?
Resistance is futile. You wouldn't want the DOJ in your office
confiscating machines because you held out for civil liberties.
If WallStreet punished Google on Friday, it was because they fear
such things at the GooglePlex.

Privacy advocates are happy about Google now, but they may be
surprised to learn Google could hand over private information if
the government requested it for national security reasons. Sergey
Brin found the DOJ request "troubling" because they were not
asking for data in response to national "security or anything."
That's a privacy question closer to the current domestic spying
case controversy. Maybe Google would reach its limit with the DOJ
if it's requesting data for reasons of national security.

Google's response may be more based on having chosen sides in the
other fight. Google wants to stop short of helping the DOJ in the
defense of COPA. There's good reason for Google to choose the side
of the First Amendment. The ACLU argues that compliance with COPA
is practically impossible, and the law violates freedom of speech
as protected by the First Amendment. It is no secret that a big
portion of search advertising profits are collected from adult
site owners. If the DOJ wins the case in Philidelphia, it would
hamper adult content providers and slow profits for Google.

In resisting the DOJ request, Google gets to champion the First
Amendment, appear to be defending your privacy, and at the same
time ensure their profits continue unabated. It's a thing of
beauty that Google can reinforce its wunderkind image while under
the microscope of the DOJ with their subpoena. They deserve
credit for their fight that information wants to be free. It's
important to remember they are fighting for free speech in all
its glory. It's their mission to make all the world's information
available to everyone, and to conduct good business doing it.
COPA enforcement would be an annoyance to this.

Stay tuned.
-SearchReturn

 

-----------------------------------------------------------------

// -- CONTINUING DISCUSSION -- //

-----------------------------------------------------------------

==> TOPIC: v7ndotcom elursrebmem

"Is the competition just an exercise in juvenile SEO?"

From: Jennifer Laycock 

Juvenile SEO? I don't know about that... I'm sure we'll see some
quite advanced SEO work being done... unless you meant "juvenile
SEOs" which is a whole other issue...

Overall, I think what could have quickly gone south has managed
to turn into something sort of interesting. The counter-challenge
between the old-school crowd of Boser, Friesen and Grehan to the
'newer' group from V7N does make it seem a bit like a school-yard
challenge, but at the same time, maybe some of what's missing
from search marketing these days is that "anyone has a chance"
attitude that was so prevalent in the late 90's. Could make
search marketing sexy again.

It is interesting though to see this coming on the heels of the
talk about A and B list SEOs and the first, second and even third
generation optimizers. I doubt you'll see many first or second
gen players out there really trying to win this thing, but maybe
this is what will spark the fourth generation to get some
recognition.

We've come along way since the last contest... blogs, tagging,
Google Base, bookmarking systems like Digg and de.licio.us,
there's way more to the game than there used to be. Heck, just
watching the creative use of AdWords shows that we've moved
beyond direct response and into branding.

It could all get very interesting.

-Jennifer Laycock
Editor - Search Engine Guide
http://www.searchengineguide.com

 

-----------------------------------------------------------------
Got feedback?: http://www.searchreturn.com/feedback.shtml

Archives: http://www.searchreturn.com/digest-archive.shtml

Alternate formats:
http://www.searchreturn.com/info-formats.shtml

Manage Subscriptions:
http://www.searchreturn.com/help/manage-subs.shtml

Problems unsubscribing? Contact the postmaster:
mailto:postmaster@searchreturn.com

Information on how to sponsor this publication:
http://www.searchreturn.com/help/advertise.shtml

Published by SearchReturn
http://www.searchreturn.com

Website Membership:
http://www.searchreturn.com/register.shtml

The contents of the digest do not necessarily reflect the
opinions of SearchReturn or Detlef Johnson. SearchReturn and
Detlef Johnson make no warranties, either expressed or implied,
about the truth or accuracy of the contents of the SearchReturn
Digest.

Copyright 2006 Detlef Johnson. All Rights Reserved.
-----------------------------------------------------------------